Content:
• Order no. 1092/2020
• Emergency Ordinance no. 126/2020
• Order no. 1395/830/2020
• Decision No. 668/2020
Order no. 1092/2020
Order no. 1092/2020 published in the Official Gazette in Part I no. 583 of July 02, 2020 for the approval of the standard template of the medical leave certificate, the instructions of use and filling out, based on which are granted benefits to persons insured in the social health insurance system and the insurance system against accidents at work and occupational diseases, brings the following specifications:
Comment: The order approves the standard template of the medical leave certificate, as a printed document with special regime that represents a payment order and based on which are granted the social health insurance benefits and those for accidents at work and occupational diseases.
The previous template of the medical leave certificate can be used until the existing stock is exhausted, but no later than September 30, 2020. In addition, we mention that the old medical leave certificates left in use are issued without the stamp of the issuing healthcare unit. In those cases where they are issued for the care of a sick child, the attending physician shall write the personal number (CNP) of the respective child.
Emergency Ordinance no. 126/2020
Emergency Ordinance no. 126/2020, published in the Official Gazette Part I no. 695 of August 3, 2020, amending and supplementing Government Emergency Ordinance no. 158/2005 on sick leaves and social health insurance benefits, as well as on establishing certain measures concerning the social health insurance benefits, brings the following clarifications:
Comment: This Emergency Ordinance brings a series of amen
- The insured persons are entitled to sick leave and benefits for temporary incapacity for work, without fulfilling the contribution period condition, in case of medical and surgical emergencies, tuberculosis, infectious diseases of group A, established by Government decision, neoplasms, AIDS, as well as in the case of infectious diseases for which isolation is required.
- The benefits for temporary incapacity for work shall be borne as follows:
1. By the employer, from the first day until the 5th day of temporary incapacity for work, with the exception of benefits related to the medical leave certificates granted to insured persons for whom isolation is mandatory;
2. From the budget of the National Unique Health Insurance Fund, starting with:
a) The next day after those borne by the employer (in accordance with the above mentioned) and until the end of the temporary incapacity for work of the insured or their retirement;
b) The first day of temporary incapacity for work, in the case of insured persons who earn income in Romania from salaries or similar income paid by employers from countries that do not fall under the European legislation applicable in the field of social security, as well as agreements regarding social security systems to which Romania is a party of; persons benefiting from unemployment benefits; natural persons insured for sick leave and social health insurance benefits based on an insurance contract;
c) The first day of temporary incapacity for work, in the case of insured persons for whom isolation is mandatory.
- For insured persons required to isolate, the medical leave certificates shall be issued by the attending physician who has registered them. In these cases, the duration of the sick leave is determined by the attending physicians, depending on the course of the disease;
- The gross amount of the quarantine or isolation allowance represents 100% of the calculation base and is fully borne from the budget of the National Unique Health Insurance Fund.
Joint Order No. 1395/830/2020
Joint Order no. 1395/830/2020 of the Ministry of Health and of the National Health Insurance House published in the Official Gazette Part I no. 708 of August 6, 2020 for amending and supplementing the application rules of the provisions of Government Emergency Ordinance no. 158/2005 on sick leaves and social health insurance benefits, approved by the Order of the Minister of Health and of the President of the National Health Insurance House no. 15/2018/1311/2017, brings the following clarifications:
Comment: This order amends and supplements the application rules of Government Emergency Ordinance no. 158/2005 on sick leaves and social health insurance benefits, as follows:
- Individuals and legal entities who are employers or similar, as well as the National Employment Agency, through its county and Bucharest employment agencies, are required to submit to the health insurance offices in their area, on paper or electronically, the second copy of the medical leave certificates plus the summary table whose template is provided in Annex no. 1 to this Order, when it is requested the reimbursement of the benefits paid to their employees who have received medical leave certificates.
- In case of inconsistencies related to the correction of data and/or the amounts listed in the initial statement, within maximum 30 days, the health insurance offices will notify the employers, on paper or electronically.
- The employees are exempt from submitting a certificate from the payer of the benefits in order to receive the medical leave certificate, in case of medical and surgical emergencies, quarantine, infectious diseases of group A, as well as in the case of infectious diseases for which the isolation is required.
- Is introduced the provision according to which in the case of infectious diseases for which isolation is required, under the law, the medical leave certificates can be issued at a later date, only for the current or the previous month.
- Medical leave certificates can be requested and issued, as the case may be, also by electronic means.
- By way of exception, for situations where the quarantine measure is required for two or more calendar months, the medical leave certificates shall be issued monthly or after the last day of the quarantine period, but no later than 30 calendar days from the end of the quarantine period.
- Insured persons who are required, under the law, to isolate in sanitary units or an alternative location attached to a healthcare unit, benefit from sick leave for the entire period. For the insured person for whom the isolation measure has been established, exclusively in sanitary units or in an alternative location attached to a healthcare unit, the attending physician issues the medical leave certificate upon discharge from the hospital, for both the hospitalization and discharge period, as the case may be, with the corresponding benefits code. Medical leave certificates are issued for periods of maximum 30/31 calendar days. In the above mentioned case, if after the end of the medical leave certificate issued upon discharge from the hospital, the health condition of the insured person doesn’t allow them to resume work, the family doctor may extend the sick leave for the same disease, for the period recommended in the medical letter issued by the attending physician in the hospital.
- The medical leave certificate for isolation issued by the family doctor shall be issued after the last day of the isolation period, but no later than 30 calendar days from the end of the isolation period.
- If the duration of the isolation period exceeds 90 days, the opinion of the social insurance expert physician is not required.
- The gross monthly amount of the isolation allowance is fully borne from the National Unique Health Insurance Fund (FNUASS) budget.
- The insured persons who are required to quarantine, shall benefit from quarantine leave and allowances regardless of the place where this measure is established.
- Medical leave certificates for quarantine are issued by the attending physicians, respectively by the family doctors, after the last day of the quarantine period, for the duration established in the document issued by the public health directorate, but not later than 30 calendar days from the end of the quarantine period. Like in the case of isolation, when quarantine exceeds 90 days, the opinion of the social insurance expert physician is not required for these medical leave certificates.
- The gross amount of the quarantine allowance is fully borne from the National Unique Health Insurance Fund (FNUASS) budget.
Decision No. 668/2020
Decision 668/2020 published in the Official Gazette, Part I no. 742 of August 14, 2020 regarding the extension of the state of alert in Romania starting with August 16, 2020, and the measures established to prevent and combat the effects of the COVID-19 pandemic, brings the following clarifications:
Comment: This emergency ordinance extends the state of alert in Romania for another 30 days starting with August 16, 2020.